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(영문) 서울중앙지방법원 2016.06.10 2016나805

양수금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. In the first instance trial, the Plaintiff sought payment from the Defendant of the credit card, SBI2 Savings Bank, and SBB Savings Bank, respectively. The first instance court dismissed the Plaintiff’s claim on the credit received from the new card and CBI2 Savings Bank and the claim on the credit received from the SBI2 Savings Bank.

Since the plaintiff appealed against this, the subject of the judgment of this court is limited to the claim against the claims that the plaintiff acquired from the SBI2 Savings Bank.

2. Comprehensively taking account of the overall purport of the arguments in evidence No. 1-4, evidence No. 1-2-3, evidence No. 5, 6, and 7, Defendant A obtained a loan of KRW 9,260,151 from Daewoo Capital Co., Ltd. (hereinafter “Treatment Capital”) on May 21, 199 as of May 29, 199; the loan period of KRW 36 months; the interest rate of KRW 13.8% per annum; Defendant B, C, and D jointly guaranteed the principal of the loans against the Defendant Daewoo Capital; the loan claims against the Defendant A were transferred in sequence to the Plaintiff; the Plaintiff; the Plaintiff was notified of the transfer of the credit to the Defendant on May 29, 199; and the Plaintiff was notified of the transfer of the credit to the Plaintiff on May 25, 2015; and the Plaintiff was notified of the transfer of the credit to the Plaintiff on May 31, 2054; and the Plaintiff was notified of the transfer of the credit from the Plaintiff on KRW 30585.5.25.

Therefore, Defendant A as the principal obligor, Defendant B, C, and D, jointly and severally with Defendant A, calculated the acquisition amount of KRW 39,559,526, and the principal amount of KRW 9,051,057 from April 8, 2015 to the date of full payment, as the joint and several surety, at the rate of 17% per annum for the Plaintiff within the agreed interest rate from April 8, 2015 to the date of full payment.